NJOROGE KARIUKI MICHUKI v JOHNSON ROBERT KARIUKI [2007] KEHC 933 (KLR)
- Court
- High Court of Kenya
- Case number
- 933
- Citation
- [2007] KEHC 933 (KLR)
- Decided
- 4 April 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBoundary DisputePostureAppeal from a decision of the Provincial Appeals Committee Central ProvinceCoramH. M. OKWENGU
Holding
Allow the appeal and set aside the award of the Appeals Committee and the Land Disputes Tribunal
Facts
The dispute involves 0.52 Ha of land between Land No. Nyandarua/Mawingo/87 (appellant) and Land No. Nyandarua/372 (respondent). The appellant claims the land is part of Land No. Nyandarua/Mawingo/327.
Issues
- Committee erred in law by entertaining a dispute involving parcels of land registered under Registered Lands Act Cap 300 Laws of Kenya
- Committee erred in law by awarding 0.52 Hectares of the Appellant’s land to the Respondent
- Committee erred in law by basing its award on findings of a non-party to the proceedings
- Committee erred in law by referring the matter to a third party without giving parties opportunity to be heard
- Committee erred in law by not finding that the matter had earlier been resolved by the Land Registrar
- Committee erred in law by departing from issues forwarded to it for adjudication
Reasoning
The Appeals Committee erred in relying on the report of the surveyor and in entertaining a boundary dispute which had already been heard and the boundary fixed by the Land Registrar.
Outcome
Appeal allowed
Orders
- Award of the Appeals Committee and the Land Disputes Tribunal set aside
Remedies
- Each party shall bear his own costs
Authorities cited
Legislation (2)
- Registered Lands Act Cap 300 Laws of Kenya
- Land Dispute Tribunal Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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